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§ 1104(a)

Manufacturers & Traders Trust Co. v. Morningstar Marketplace Ltd. (In re Morningstar Marketplace Ltd.)

Ruling
Chapter 11 trustee appointed after two years without successful resolution of case.
Issue(s)
Did grounds exist for appointment of a chapter 11 trustee?

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Commercial opinion summary, case decided on January 13, 2016 , LexisNexis #0216-095

In re Pasadena Adult Residential Care

Ruling
Dismissal of chapter 11 case revoked and chapter 11 trustee appointed due to debtor's bad faith.
Issue(s)
Should dismissal of chapter 11 case be granted due to debtor's bad faith?

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Commercial opinion summary, case decided on October 23, 2015 , LexisNexis #1115-098

In re Pasadena Adult Residential Care Inc.

Ruling
Chapter 11 trustee appointed due to fraud, dishonesty, incompetence and gross management on the part of debtors.
Issue(s)
Should chapter 11 case be dismissed due to debtor's misrepresentations or should a chapter 11 trustee be appointed?

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Commercial opinion summary, case decided on October 23, 2015 , LexisNexis #1115-099

In re Golden Park Estates LLC

Ruling
Chapter 11 trustee appointed due to continuing loss or diminution of estate.
Issue(s)
Should chapter 11 case be converted to chapter 7 or dismissed or should a chapter 11 trustee be appointed given continuing loss or diminution of estate property?

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Commercial opinion summary, case decided on June 11, 2015 , LexisNexis #0715-026

In re Shotwell Landfill Inc.

Ruling
Appointment of chapter 11 trustee denied given principal's competency and that his continued involvement was in best interests of debtor and creditors.
Issue(s)
Should chapter 11 trustee be appointed in consolidated cases?

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Commercial opinion summary, case decided on September 04, 2014 , LexisNexis #1014-097

In re Dew

Ruling
Chapter 11 trustee appointed due to creditors' loss of faith in debtor's reorganization efforts.
Issue(s)
Should a chapter 11 trustee be appointed in the case of debtors, who were engaged in the business of selling and renting mobile homes, based on based on allegations of dishonesty, incompetence, and gross mismanagement of affairs?

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Consumer opinion summary, case decided on March 10, 2014 , LexisNexis #0414-027

In re Soundview Elite Ltd.

Ruling
Case not dismissed for bad faith or cause, but cause was shown for appointment of chapter 11 trustee.
Issue(s)
Should chapter 11 cases be dismissed as filed in bad faith or should chapter 11 trustees be appointed.

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Commercial opinion summary, case decided on January 23, 2014 , LexisNexis #0214-066

In re LHC LLC

Ruling
Appointment of chapter 11 trustee denied.
Issue(s)
Whether there were grounds under 11 U.S.C.S. § 1104(a) to appoint a trustee to manage the bankruptcy estate of an Illinois LLC that owned and operated an ice rink and was managing its estate as a debtor-in-possession.

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Commercial opinion summary, case decided on July 16, 2013 , LexisNexis #0813-026

In re Ampal-American Ins. Corp.

Ruling
Operating trustee appointed in case involving numerous disputes regarding control of debtor pending confirmation.
Procedural posture

In a chapter 11 case, the Official Committee of Unsecured Creditors (the Committee) asked the court to approve a corporate government stipulation. The stipulation was opposed by the debtor's controlling shareholder and the United States Trustee.

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Commercial opinion summary, case decided on April 05, 2013 , LexisNexis #0513-027

In re Smith

Ruling
Past fraudulent conduct was not grounds for appointment of chapter 11 trustee.
Procedural posture

A bankruptcy administrator (BA) filed a motion for appointment of a chapter 11 trustee on the grounds that the pre-petition fraudulent conduct to which the male debtor pled guilty during the bankruptcy case constitute cause under 11 U.S.C.S. § 1104(a)(1). The debtor opposed the motion, as did a creditor that provided post-petition financing to the debtors.

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Consumer opinion summary, case decided on May 21, 2012 , LexisNexis #0612-058